N.C.P.I.—Crim. 203.10

NOTE WELL: See N.C. Gen. Stat. § 15A-928 for provisions

regarding indictment, bifurcated trial, verdict, and judgment.

The defendant has been charged with being a habitual felon. A habitual

felon is an individual who has been convicted of or pled guilty to felony

offenses on at least three separate occasions since July 6, 1967. The second

and subsequent crimes must have been committed after the plea of guilty to

or conviction of the one before it.2

For you to find the defendant guilty of being a habitual felon, the State

must prove three things beyond a reasonable doubt:

NOTE WELL: While the first element below refers to felonies, N.C.

Gen. Stat. § 14-7.1 now applies not only to prior felonies under

the laws of North Carolina, pursuant to subsection (b)(1), but

also: pursuant to subsection (b)(2) of the statute, an offense that

is a felony under the laws of another state or sovereign that is

substantially similar to an offense that is a felony in North

Carolina, and to which a plea of guilty was entered, or a conviction

was returned regardless of the sentence actually imposed;

pursuant to subsection (b)(3), an offense that is a crime under

the laws of another state or sovereign that does not classify any

crimes as felonies if all of the following apply: The offense is

substantially similar to an offense that is a felony in North

Carolina, the offense may be punishable by imprisonment for

more than a year in state prison, a plea of guilty was entered or

a conviction was returned regardless of the sentence actually

imposed; and pursuant to subsection (b)(4), an offense that is a

felony under federal law, provided, however, that federal offenses

relating to the manufacture, possession, sale and kindred

offenses involving intoxicating liquors shall not be considered

felonies for the purpose of this Article. The pattern jury committee

believes it is for the trial judge to determine whether an offense

UNDER THE LAWS OF ANOTHER STATE is substantially similar to

an offense that is a felony in North Carolina.

First, that on (name date) the defendant, in (name court) [was

convicted of] [pled guilty to] the [felony] [crime] of (name felony or crime),

that was committed on (name date) in violation of the law of the [State of

North Carolina] [State of (name other state)] [United States].

Second, that on (name date) the defendant, in (name court) [was

convicted of] [pled guilty to] the [felony] [crime] of (name felony or crime),

that was committed on (name date) in violation of the law of the [State of

North Carolina] [State of (name other state)] [United States].

And Third, that on (name date) the defendant, in (name court) [was

convicted of] [pled guilty to] the [felony] [crime] of (name felony or crime)

that was committed on (name date) in violation of the law of the [State of

North Carolina] [State of (name other state)] [United States].

If you find from the evidence beyond a reasonable doubt that:

1. On (name date), the defendant in (name court) [was convicted

of] [pled guilty to] the [felony] [crime] of (name felony or crime),

that was committed on (name date) in violation of the law of the

[State of North Carolina] [State of (name other state)] [United

States]; and

2. On (name date), the defendant in (name court) [was convicted

of] [pled guilty to] the [felony] [crime] of (name felony or crime),

that was committed on (name date) in violation of the law of the

[State of North Carolina] [State of (name other state)] [United

States]; and

3. On (name date), the defendant in (name court) [was convicted

of] [pled guilty to] the [felony] [crime] of (name felony or crime),

that was committed on (name date) in violation of the law of the

[State of North Carolina] [State of (name other state)] [United

States];

it would be your duty to return a verdict of guilty. If you do not so find

or have a reasonable doubt as to one or more of these things, it would be

your duty to return a verdict of not guilty.